RAM RATTAN BAKSHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ of certiorari or mandamus and for quashing the order dated 11th of August, 1966, Annexure A-15, passed by the State of Punjab (respondent No. 1 ). There is also a prayer for a writ of mandamus to the respondents directing them to fix the pay of the petitioner by allowing him the war service benefits. The Director. Animal Husbandry, Punjab, is the second respondent.

(2.) THE petitioner has been serving as Veterinary Assistant Surgeon in the Civil veterinary Department of Punjab from 1942. In the exercise of the powers conferred by Section 241 of the Government of India Act, 1935, the Governor of Punjab framed rules known as the Government War Service Amendment Rules. The object of these rules was to induce persons to volunteer themselves for service for military duty in the Indian Veterinary Corps during the last war and certain attractive terms were offered. The Veterinary Assistants or Veterinary assistant Surgeons who offered themselves for service in the Indian Army veterinary Corps were allowed to retain their liens as well as seniority on the gradation list. The period spent by such personnel on approved active service while on military duty was to count double for pay and promotion (including the seniority in the Civil Veterinary Department) vide Annexure A-1. The petitioner volunteered his services in the Second World War and served in the i. A. V. S. , from April, 1942 to the 8th of December, 1948. On 11th of December, 1948, the petitioner addressed a communication to the Deputy Superintendent, civil Veterinary Department, Kangra, asking for the fixation of his pay and seniority in accordance with the concessions given under the War Service Rules referred to above, vide Annexure A-2. This matter remained pending with the government for very many years. On 9th of May, 1957, the petitioner was given his seniority in accordance with the rules but no decision about the fixation of his pay was communicated to him. He stated that he remained under the impression that the matter was being processed in the different departments of the government.

(3.) IN the meanwhile, another colleague of the petitioner who had served in identical conditions and who had also volunteered his services for military service had also made a similar representation for getting the benefits of pay and seniority. The petitioner says that it was in February, 1963, that he came to know that Shri Jagat Singh had been sanctioned his pay and seniority in accordance with those rules. The Government's decision in respect of Shri Jagat Singh was mentioned in a copy of letter from the Accountant General dated 6th oi February, 1962, vide Annexure A-3. It was stated that Shri Jagat Singh's service on military duty would count double for pay and promotion including seniority in the Civil veterinary Department. It was consequently decided that he should be allowed benefit of pay in the relevant graded scale/time scale of pay for double the period as shown in the communication. Reference may also be made to copy of the Memo dated 9th of June, 1962 (Annexure A-4) indicating compliance.